House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Anti-social Behaviour Bill


Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

70

 

Schedules

Schedule 1

Section 14

 

Demoted tenancies

  1        In the Housing Act 1996 (c. 52) after section 143 the following sections are

inserted as Chapter 1A of Part 5—

5

“Chapter 1A

demoted tenancies

General provisions

       143A  Demoted tenancies

              (1)             This section applies to a periodic tenancy of a dwelling-house if each

10

of the following conditions is satisfied.

              (2)             The first condition is that the landlord is either a local housing

authority or a housing action trust.

              (3)             The second condition is that the tenant condition in section 81 of the

Housing Act 1985 is satisfied.

15

              (4)             The third condition is that the tenancy is created by virtue of a

demotion order under section 82A of that Act.

              (5)             In this Chapter—

                    (a)                   a tenancy to which this section applies is referred to as a

demoted tenancy;

20

                    (b)                   references to demoted tenants must be construed

accordingly.

       143B  Duration of demoted tenancy

              (1)             A demoted tenancy becomes a secure tenancy at the end of the

period of one year (the demotion period) starting with the day the

25

demotion order takes effect; but this is subject to subsections (2) to

(5).

              (2)             A tenancy ceases to be a demoted tenancy if any of the following

paragraphs applies—

                    (a)                   either of the first or second conditions in section 143A ceases

30

to be satisfied;

                    (b)                   the demotion order is quashed;

                    (c)                   the tenant dies and no one is entitled to succeed to the

tenancy.

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    71

 

              (3)             If at any time before the end of the demotion period the landlord

serves a notice of proceedings for possession of the dwelling-house

subsection (4) applies.

              (4)             The tenancy continues as a demoted tenancy until the end of the

demotion period or (if later) until any of the following occurs—

5

                    (a)                   the notice of proceedings is withdrawn by the landlord;

                    (b)                   the proceedings are determined in favour of the tenant;

                    (c)                   the period of 6 months beginning with the date on which the

notice is served ends and no proceedings for possession have

been brought.

10

              (5)             A tenancy does not come to an end merely because it ceases to be a

demoted tenancy.

       143C  Change of landlord

              (1)             A tenancy continues to be a demoted tenancy for the duration of the

demotion period if—

15

                    (a)                   at the time the demoted tenancy is created the interest of the

landlord belongs to a local housing authority or a housing

action trust, and

                    (b)                   during the demotion period the interest of the landlord

transfers to another person who is a local housing authority

20

or a housing action trust.

              (2)             Subsections (3) and (4) apply if—

                    (a)                   at the time the demoted tenancy is created the interest of the

landlord belongs to a local housing authority or a housing

action trust, and

25

                    (b)                   during the demotion period the interest of the landlord

transfers to a person who is not such a body.

              (3)             If the new landlord is a registered social landlord or a person who

does not satisfy the landlord condition the tenancy becomes an

assured shorthold tenancy.

30

              (4)             If the new landlord is not a registered social landlord and does

satisfy the landlord condition the tenancy becomes a secure tenancy.

              (5)             The landlord condition must be construed in accordance with section

80 of the Housing Act 1985.

Proceedings for possession

35

       143D  Proceedings for possession

              (1)             The landlord may only bring a demoted tenancy to an end by

obtaining an order of the court for possession of the dwelling-house.

              (2)             The court must make an order for possession unless it thinks that the

procedure under sections 143E and 143F has not been followed.

40

              (3)             If the court makes such an order the tenancy comes to an end on the

date on which the tenant is to give up possession in pursuance of the

order.

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    72

 

       143E  Notice of proceedings for possession

              (1)             Proceedings for possession of a dwelling-house let under a demoted

tenancy must not be brought unless the landlord has served on the

tenant a notice of proceedings under this section.

              (2)             The notice must—

5

                    (a)                   state that the court will be asked to make an order for the

possession of the dwelling-house;

                    (b)                   set out the reasons for the landlord’s decision to apply for the

order;

                    (c)                   specify the date after which proceedings for the possession of

10

the dwelling-house may be begun;

                    (d)                   inform the tenant of his right to request a review of the

landlord’s decision and of the time within which the request

must be made.

              (3)             The date specified under subsection (2)(c) must not be earlier than

15

the date on which the tenancy could (apart from this Chapter) be

brought to an end by notice to quit given by the landlord on the same

date as the notice of proceedings.

              (4)             The court must not entertain proceedings begun on or before the

date specified under subsection (2)(c).

20

              (5)             The notice must also inform the tenant that if he needs help or

advice—

                    (a)                   about the notice, or

                    (b)                   about what to do about the notice,

                              he must take the notice immediately to a Citizen’s Advice Bureau, a

25

housing aid centre, a law centre or a solicitor.

       143F  Review of decision to seek possession

              (1)             Before the end of the period of 14 days beginning with the date of

service of a notice for possession of a dwelling-house let under a

demoted tenancy the tenant may request the landlord to review its

30

decision to seek an order for possession.

              (2)             If a request is made in accordance with subsection (1) the landlord

must review the decision.

              (3)             The Secretary of State may by regulations make provision as to the

procedure to be followed in connection with a review under this

35

section.

              (4)             The regulations may include provision—

                    (a)                   requiring the decision on review to be made by a person of

appropriate seniority who was not involved in the original

decision;

40

                    (b)                   as to the circumstances in which the tenant is entitled to an

oral hearing, and whether and by whom he may be

represented at the hearing.

              (5)             The landlord must notify the tenant—

                    (a)                   of the decision on the review;

45

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    73

 

                    (b)                   of the reasons for the decision.

              (6)             The review must be carried out and notice given under subsection (5)

before the date specified in the notice of proceedings as the date after

which proceedings for possession of the dwelling-house may be

begun.

5

       143G  Effect of proceedings for possession

              (1)             This section applies if the landlord has begun proceedings for the

possession of a dwelling-house let under a demoted tenancy and—

                    (a)                   the demotion period ends, or

                    (b)                   any of paragraphs (a) to (c) of section 143B(2) applies

10

(circumstances in which a tenancy ceases to be a demoted

tenancy).

              (2)             If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy

ceases to be a demoted tenancy but the landlord (or the new landlord

as the case may be) may continue the proceedings.

15

              (3)             Subsection (4) applies if in accordance with subsection (2) a tenancy

ceases to be a demoted tenancy and becomes a secure tenancy.

              (4)             The tenant is not entitled to exercise the right to buy unless—

                    (a)                   the proceedings are finally determined, and

                    (b)                   he is not required to give up possession of the dwelling-

20

house.

              (5)             The proceedings must be treated as finally determined if—

                    (a)                   they are withdrawn;

                    (b)                   any appeal is abandoned;

                    (c)                   the time for appealing expires without an appeal being

25

brought.

Succession

       143H  Succession to demoted tenancy

              (1)             This section applies if the tenant under a demoted tenancy dies.

              (2)             If the tenant was a successor, the tenancy—

30

                    (a)                   ceases to be a demoted tenancy, but

                    (b)                   does not become a secure tenancy.

              (3)             In any other case a person is qualified to succeed the tenant if—

                    (a)                   he occupies the dwelling-house as his only or principal home

at the time of the tenant’s death,

35

                    (b)                   he is a member of the tenant’s family, and

                    (c)                   he has resided with the tenant throughout the period of 12

months ending with the tenant’s death.

              (4)             If only one person is qualified to succeed under subsection (3) the

tenancy vests in him by virtue of this section.

40

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    74

 

              (5)             If there is more than one such person the tenancy vests by virtue of

this section in the person preferred in accordance with the following

rules—

                    (a)                   the tenant’s spouse or (if the tenant has no spouse) the person

mentioned in section 143P(1)(b) is to be preferred to another

5

member of the tenant’s family;

                    (b)                   if there are two or more other members of the tenant’s family

the person preferred may be agreed between them or (if there

is no such agreement) selected by the landlord.

       143I  No successor tenant: termination

10

              (1)             This section applies if the demoted tenant dies and no person is

qualified to succeed to the tenancy as mentioned in section 143H(3).

              (2)             The tenancy ceases to be a demoted tenancy if either subsection (3)

or (4) applies.

              (3)             This subsection applies if the tenancy is vested or otherwise disposed

15

of in the course of the administration of the tenant’s estate unless the

vesting or other disposal is in pursuance of an order under—

                    (a)                   section 23A or 24 of the Matrimonial Causes Act 1973

(property adjustment orders in connection with matrimonial

proceedings);

20

                    (b)                   section 17(1) of the Matrimonial and Family Proceedings Act

1984 (property adjustment orders after overseas divorce, etc);

                    (c)                   paragraph 1 of Schedule 1 to the Children Act 1989 (orders

for financial relief against parents).

              (4)             This subsection applies if it is known that when the tenancy is vested

25

or otherwise disposed of in the course of the administration of the

tenant’s estate it will not be in pursuance of an order mentioned in

subsection (3).

              (5)             A tenancy which ceases to be a demoted tenancy by virtue of this

section cannot subsequently become a secure tenancy.

30

       143J  Successor tenants

              (1)             This section applies for the purpose of sections 143H and 143I.

              (2)             A person is a successor to a secure tenancy which is terminated by a

demotion order if any of subsections (3) to (6) applies to him.

              (3)             The tenancy vested in him—

35

                    (a)                   by virtue of section 89 of the Housing Act 1985 or section 133

of this Act;

                    (b)                   under the will or intestacy of the preceding tenant.

              (4)             The tenancy arose by virtue of section 86 of the Housing Act 1985 and

the original fixed term was granted—

40

                    (a)                   to another person, or

                    (b)                   to him jointly with another person.

              (5)             He became the tenant on the tenancy being assigned to him unless—

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    75

 

                    (a)                   the tenancy was assigned in proceedings under section 23A

or 24 of the Matrimonial Causes Act 1973 (property

adjustment orders in connection with matrimonial

proceedings) or section 17(1) of the Matrimonial and Family

Proceedings Act 1984 (property adjustment orders after

5

overseas divorce, etc), and

                    (b)                   neither he nor the other party to the marriage was a

successor.

              (6)             He became the tenant on assignment under section 92 of the Housing

Act 1985 if he himself was a successor to the tenancy which he

10

assigned in exchange.

              (7)             A person is the successor to a demoted tenancy if the tenancy vested

in him by virtue of section 143H(4) or (5).

              (8)             A person is the successor to a joint tenancy if he has become the sole

tenant.

15

Assignment

       143K  Restriction on assignment

              (1)             A demoted tenancy is not capable of being assigned except as

mentioned in subsection (2).

              (2)             The exceptions are assignment in pursuance of an order made

20

under—

                    (a)                   section 24 of the Matrimonial Causes Act 1973 (property

adjustment orders in connection with matrimonial

proceedings);

                    (b)                   section 17(1) of the Matrimonial and Family Proceedings Act

25

1984 (property adjustment orders after overseas divorce,

etc.);

                    (c)                   paragraph 1 of Schedule 1 to the Children Act 1989 (orders

for financial relief against parents).

Repairs

30

       143L  Right to carry out repairs

The Secretary of State may by regulations under section 96 of the

Housing Act 1985 (secure tenants: right to carry out repairs) apply to

demoted tenants any provision made under that section in relation

to secure tenants.

35

Provision of information

       143M  Provision of information

              (1)             This section applies to a local housing authority or a housing action

trust if it is the landlord of a demoted tenancy.

              (2)             The landlord must from time to time publish information about the

40

demoted tenancy in such form as it thinks best suited to explain in

simple terms and so far as it considers appropriate the effect of—

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    76

 

                    (a)                   the express terms of the demoted tenancy;

                    (b)                   the provisions of this Chapter;

                    (c)                   the provisions of sections 11 to 16 of the Landlord and Tenant

Act 1985 (landlord’s repairing obligations).

              (3)             The landlord must ensure that information published under

5

subsection (2) is, so far as is reasonably practicable, kept up to date.

              (4)             The landlord must supply the tenant with—

                    (a)                   a copy of the information published under subsection (2);

                    (b)                   a written statement of the terms of the tenancy, so far as they

are neither expressed in the lease or written tenancy

10

agreement (if any) nor implied by law.

              (5)             The statement required by subsection (4)(b) must be supplied on the

grant of the tenancy or as soon as practicable afterwards.

Supplementary

       143N  Jurisdiction of county court

15

              (1)             A county court has jurisdiction—

                    (a)                   to determine questions arising under this Chapter;

                    (b)                   to entertain proceedings brought under this Chapter;

                    (c)                   to determine claims (for whatever amount) in connection

with a demoted tenancy.

20

              (2)             The jurisdiction includes jurisdiction to entertain proceedings as to

whether a statement supplied in pursuance of section 143M(4)(b)

(written statement of certain terms of tenancy) is accurate.

              (3)             For the purposes of subsection (2) it is immaterial that no relief other

than a declaration is sought.

25

              (4)             If a person takes proceedings in the High Court which, by virtue of

this section, he could have taken in the county court he is not entitled

to recover any costs.

              (5)             The Lord Chancellor may make such rules and give such directions

as he thinks fit for the purposes of giving effect to this section.

30

              (6)             The rules and directions may provide—

                    (a)                   for the exercise by a district judge of a county court of any

jurisdiction exercisable under this section;

                    (b)                   for the conduct of proceedings in private.

              (7)             The power to make rules must be exercised by statutory instrument

35

subject to annulment in pursuance of a resolution of either House of

Parliament.

       143O  Meaning of dwelling house

              (1)             For the purposes of this Chapter a dwelling-house may be a house or

a part of a house.

40

              (2)             Land let together with a dwelling-house must be treated for the

purposes of this Chapter as part of the dwelling-house unless the

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 4 November 2003